“The Lair of the Wolf is his refuge, and where he has made him his home, Not even the Head Wolf may enter, not even the Council may come.”
As Patrick says:
[T]here is a rule older and superior to that of the Constitution. Many Americans do not believe that to be the case. There is a philosophical divide in America, with the Justices of the Indiana court, and their Constitution, on one side, and a different law on the other.
One American called it “the Laws of Nature and Nature’s God”.
One Englishman called it “the Law of the Jungle”. [Link added.]
In the recently published decision that Patrick is referring to, Barnes v. State, a majority of the Indiana Supreme Court holds that “the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.”
The dissenters describe the majority as having “abrogated” this right. But rights can’t be “abrogated.” They can only be ignored and violated.
There is no right more fundamental than the right to defend one’s self, family, and home. Verily, from this right derives whatever justification, if any, “the law” itself might have. Yet the Indiana Supreme Court in Barnes cites with apparent approval “legal scholarship” which “[i]n the 1920s . . . began criticizing” the right to resist unlawful police action “as valuing individual liberty over physical security of the officers.” But as a commenter at the Volokh Conspiracy trenchantly observes: “There is a reason why officer safety is not included in the Bill of Rights, and that is because they are part of the danger being protected against.”
In actuality, though, “the law” and the State derived from the Constitution doesn’t exist “to protect and serve.” Rather, it exists to extort and exploit, and whatever protecting it might do is secondary and incidental to that overarching purpose. To see that this is so, compare what the State has done to this man who honorably and courageously defended himself and his son and friends from two armed and dangerous men on his own property, with what the State didn’t do to this cowardly police officer who gunned down a man on a city street without justification.
If “the law” fails to recognize the right of a man to defend himself and his family and friends on his own property, then it is good for nothing except to be thrown out and trampled underfoot.
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